Legal Opinion

Tellefsen v. Key System Transit Lines

California Court of Appeal

Decided December 2, 1960No. Civ. No. 18797PublishedCited by 8 opinions

1Opinion of the CourtBray, P. J.

Plaintiff purports to appeal from an order sustaining without leave to amend defendant’s demurrer to his first amended complaint.

On January 26, 1959, a minute order was entered stating: “The Court being fully advised orders that the demurrer to the complaint be and the same is hereby sustained, without leave to amend.’’ No judgment thereon has been entered.

It is well settled that an order sustaining a demurrer without leave to amend is not an appealable order or a final *45judgment, and that a reviewing court does not have jurisdiction to review an appeal of this type. (Futlick v. F. W.…

2Cases cited3 opinions

  1. Schmidt v. TownsendCalifornia Court of Appeal · 1951
  2. Futlick v. F. W. Woolworth Co.California Court of Appeal · 1957
  3. Brown v. Mayor and City CouncilCalifornia Court of Appeal · 1959

3Cited by8 opinions

  1. Beazell v. SchraderCalifornia Supreme Court · 1963
  2. Umansky v. UrquhartCalifornia Court of Appeal · 1978
  3. Tellefsen v. Key System Transit LinesCalifornia Court of Appeal · 1961
  4. Beazell v. SchraderCalifornia Court of Appeal · 1962
  5. Southwest Paving Co. v. Stone HillsCalifornia Court of Appeal · 1962

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